Burglary Charges and Penalties in Georgia

 

Burglary Charges and Penalties in Georgia

Burglary is a serious crime in Georgia that can lead to felony charges and stiff penalties, including years in prison. This article will explain Georgia’s burglary laws and the different types of burglary charges, as well as the potential punishments for a burglary conviction.

What is Burglary in Georgia?

Under Georgia law, burglary is defined as entering or remaining in a building or structure with the intent to commit a theft or felony inside (O.C.G.A. § 16-7-1). There does not need to be an actual theft or crime committed – simply the intent to do so.

Some key elements of burglary in Georgia:

• Building or structure: This includes things like homes, businesses, vehicles, railroad cars, boats, and aircraft. Both occupied and unoccupied buildings/structures are covered.
• Unlawful entry: The entry does not need to be forced. Any unauthorized entry, even if through an unlocked door, qualifies.
• Intent: The prosecution must prove the defendant intended to commit a theft or another felony once inside.

Types of Burglary Charges in Georgia

There are two main degrees of burglary charges in Georgia:

Burglary in the First Degree

This charge applies when the burglary involves entering or remaining in a dwelling, meaning a home or other structure where people live. First-degree burglary is a felony.

Burglary in the Second Degree

This covers burglary of any non-dwelling structure, such as a business, office, warehouse, vehicle, etc. Second-degree burglary is also a felony charge.

There are also more specific burglary charges for certain situations:

• Home invasion – Entering a dwelling while armed with a deadly weapon to commit a felony or theft inside. This is a very serious first degree felony.
• Smash and grab burglary – Breaking the window or glass door of a business to commit a theft. This is a first degree felony.
• Possession of burglary tools – Having tools or explosives that could be used to commit a burglary. This is a felony charge on its own.

Penalties for Burglary in Georgia

The penalties for a burglary conviction depend on the degree and circumstances of the crime:

• First degree burglary – 1 to 20 years in prison. Harsher sentences apply for repeat offenders.
• Second degree burglary – 1 to 5 years in prison. Again, repeat offenders face stiffer sentences.
• Home invasion – 10 years to life in prison.
• Smash and grab – 2 to 20 years in prison and up to $100,000 fine.

In addition to incarceration, a burglary conviction can also result in:

• Probation
• Fines up to $100,000
• Restitution to victims

Georgia has a “three strikes” rule for burglary – a 4th burglary conviction of any kind requires a mandatory prison sentence. The judge cannot suspend or probate the sentence.

Defenses to Burglary Charges

If you are facing a burglary charge in Georgia, some possible defenses include:

• You had no intent to commit a crime – the entry was lawful or you decided to commit the crime only after entering.
• Misidentification – you were not the person who committed the burglary.
• Duress – you were forced to enter the building against your will.
• Intoxication – you were too impaired to form the intent necessary for burglary.
• Entrapment – you were illegally induced or persuaded to commit the burglary by law enforcement.

An experienced Georgia criminal defense attorney can evaluate the details of your case and build the strongest defense to fight your charges.

What Happens After a Burglary Arrest

If you are arrested for burglary in Georgia, here is a basic overview of what to expect:

• You will be taken to jail and “booked” – your fingerprints and mugshots will be taken.
• Bail will be set, which you can pay to get out of jail while your case is pending. Bail is typically very high for burglary charges.
• Within a few days, you will go before a judge who will formally read your charges and ensure you understand your rights.
• The prosecutor will present evidence to a grand jury to seek an indictment on your charges. If indicted, your case will move forward to trial.
• Your defense attorney will thoroughly investigate the charges and build defenses against them. This can include interviewing witnesses, collecting evidence, filing motions, and negotiating with the prosecutor.
• You will have the opportunity to plead guilty or go to trial – your attorney will advise you on the best option. Over 90% of cases end in a plea bargain rather than trial.
• If found guilty at trial, a judge will impose a sentence following the guidelines discussed above. You have the right to appeal a conviction.

Having an experienced criminal defense lawyer in your corner can make all the difference in how a burglary case plays out. Do not delay in seeking legal help if charged with burglary in Georgia.

Frequently Asked Questions about Burglary in Georgia

Here are answers to some common questions about burglary laws and penalties in GA:

What if I was just trying to play a prank or a joke?

The law does not care about your motive – simply entering unlawfully with intent to commit a crime constitutes burglary.

What if I changed my mind and didn’t steal anything?

Again, the intent when entering is what matters – the crime does not actually need to be completed for a burglary charge.

What if I was drunk or high when I did it?

Intoxication is not a defense to burglary unless it was so severe you could not form intent. This is difficult to prove.

What if I had permission to enter the building?

If the owner/occupant gave you permission or you had some other lawful reason to enter, it is not burglary. This can be a strong defense.

Can I go to jail for burglary as a minor?

Yes, juveniles as young as 13 can be charged and detained for burglary in Georgia’s juvenile justice system.

What if it’s my first offense?

First-time offenders still face 1-20 years for first degree burglary and 1-5 years for second degree. Probation is possible for some first offenses.

Can I get the charges reduced or dismissed?

It may be possible with an experienced attorney, through plea negotiations or by raising strong defenses. But reductions are not guaranteed.

Will I have a felony on my record if convicted?

Yes, all burglary convictions in Georgia are felonies, even second degree. You may be able to get the record restricted but it can still impact jobs, housing, etc.

If you are facing a burglary charge in Georgia, do not delay in contacting a criminal defense attorney to protect your rights, build defenses, and try to mitigate penalties. The costs of skilled legal help are far less than the lifelong consequences of a burglary conviction. Don’t go it alone against the power of the criminal justice system.